Rana Saha v. The State Of West Bengal And ANR

24.05.2024 sdas Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M. (DB) No. 244 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhaktinagar Police Station Case No. 325 of 2024 dated 11.04.2024 under Sections 363/365 of the Indian Penal Code read with Section 4 of the POCSO Act.

And In Re : Rana Saha . .... petitioner Mr. Arijit Ghosh Ms. Swarnali Sengupta Ghosh Ms. Angana Rakshit .... for the petitioner Mr. Tapan Bhattacharji Mr. Chattu Roy .... for the State 1.

Inspite of service of notice nobody appears for the victim.

2.

Learned Counsel for the petitioner submits there was romantic relationship between the parties. He has relied on intimate photographs.

3.

Report submitted by the learned Counsel for the State is placed on record. It appears from the report that the victim admitted the photographs.

4. Having considered the materials on record we are of the opinion there was a romantic relationship between two young persons. Accordingly, we are of the view allegation for

forcible rape requires to be assessed in the light of these attending circumstances during trial. Hence, we are inclined to enlarge the petitioner on bail.

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge-in-Charge, Special Court under POCSO Act, Jalpaiguri, subject to condition that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)